United States Department of Transportation
i
Motor Carrier Hazardous Materials Safety Permits [Research Brief]
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2020-07-01
[PDF-240.63 KB]
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Abstract:Motor carriers that transport congressionally specified quantities and types of hazardous materials (HM) are required to register as an HM transporter with the Pipeline and Hazardous Materials Safety Administration (PHMSA) and obtain a Hazardous Materials Safety Permit (HMSP) from the Federal Motor Carrier Safety Administration (FMCSA). An HMSP is valid for 2 years from its date of issuance unless suspended or revoked. To obtain or renew an HMSP, carriers must meet certain regulatory requirements, including: proof of financial responsibility, registration with PHMSA as an HM carrier, a satisfactory security program, and a communications plan. In addition, carriers also must meet four HMSP safety fitness thresholds for Crash rate and Driver, Vehicle, and HM out of service (OOS) rates (the “HMSP thresholds”). A 2015 Federal Register notice changed compliance with HMSP standards to be subject to enhanced monthly monitoring by the Safety Management System (SMS). Under certain conditions of the enhanced monitoring, an HMSP carrier can be identified to receive a comprehensive investigation (CI), formerly called a “comprehensive review.” Otherwise, to keep their HMSP, carriers need to update their MCSA-1 Census information at least every 2 years. The HMSP thresholds in 49 CFR 385.407 are now only employed at initial application. Otherwise, HMSP carriers are monitored using the SMS Behavior Analysis and Safety Improvement Categories (BASICs) at the HazMat level. Section 33014 of the Moving Ahead for Progress in the 21st Century Act (MAP-21) required the Secretary of Transportation to conduct a review of the HMSP program and report the findings to Congress. MAP-21 also required the Secretary to, after submitting the summary letter report to Congress, either institute a rulemaking to make any necessary improvements to the HMSP program or publish in the Federal Register a justification for why rulemaking is not necessary. Additionally, FMCSA was petitioned in 2010 by five industry associations representing private HMSP carriers. This report explains changes in the program which had already addressed some of the petition’s concerns and alternatives for addressing outstanding requests in the petition and other issues identified by the review.
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